Even though the U.S. citizen were to call the police, however, she were to note in the report the abuse he inflicted upon her, would this type of report qualify in aiding this woman's self-petition?
In I-360 Self Petition the evidence submitted in the case is critical. It is important to review the evidence, in this case the report, before deciding if it will be helpful for your case. Please consult an experience lawyer before filing.
I agree with my colleage. You need to contact an experienced immigration attorney to review this case. USCIS also provides helpful information about the VAWA protections and benefits that can be gained through its use. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=b85c3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=b85c3e4d77d73210VgnVCM100000082ca60aRCRD
Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.
It is advisable to contact an immigration lawyer who is experienced in VAWA to discuss your case.
Yes the police report is but a piece of the evidence and there are several criteria to fulfill.
If she is being abused, she needs help as soon as possible, there is no need to be apprehensive because of her immigration status.
Of course i am assuming the USC is the abuser in this case.
No it is not essential. The self-petitioner will need to show good moral character and will need to qualify for this category but this can be done with lots of different types of evidence including a police report, affidavits from Petitioner, friends and collegaues, medical and other professionals, legal documents such as an Order of Protection, pictures, emails -- whatever establishes the abuse or battery whether physical ro emotional. This may include threats not to file immigration papers, threats to have you deported or whatever.
These are tricky cases though so best to be guided by an immigration attorney throughout the process.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law